Single judge order granting anticipatory bail to the petitioner in a case involving kidnapping and conspiracy. Release conditioned on surrender, bail bond amount, sureties, and appearance at trial.
Petitioner to be released on bail on surrender within four weeks by furnishing bond of Rs. 10,000 with two sureties, one being a near relative.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24707 of 2016
Arising Out of PS.Case No. -158 Year- 2015 Thana -NIRMALI District- SUPAUL ====================================================== Umesh Kumar, Son of Gajendra Prasad Gupta, Resident of Village & P.S.Nirmali, District- Supaul. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance: For the Petitioner : Mr. Manoj Kumar Jha, Advocate For the Opposite Party : Mr. Amitesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 4 24-08-2016 Heard the counsel for the petitioner and Mr. Amitesh Kumar, APP for the State.
Petitioner apprehends his arrest in Nirmali P.S. Case No. 158 of 2015 under Sections 363, 365/34 and 120B of the Indian Penal Code registered on the basis of the statement of the victim, who was allegedly kidnapped but was released on intervention of the co-villagers.
It is stated that one accused person was arrested, who in his confessional statement named the petitioner. Apart from this, there is no direct evidence against him. In course of investigation, it has come that owing to the love affairs, the occurrence was committed, in which the informant after being kidnapped, was released on the same day. It is further stated that
Patna High Court Cr.Misc. No.24707 of 2016 (4) dt.24-08-2016
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the petitioner is a book seller and lives close to the lodge where the informant resides. Still he was not named in the FIR. He has no criminal antecedent.
Looking to the facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Birpur in Nirmali P.S. Case No.158 of 2015 subject to the condition that one of the bailors shall be his own/close family member. The petitioner shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bond.
(Kishore Kumar Mandal, J.)
ravi/-
U T
3 issues framed by the court
Whether the petitioner should be released on bail in the event of arrest or surrender within four weeks.
Whether the conditions of bail bond including sureties and family member requirement are applicable.
Whether the trial court may cancel bail bond on default in appearance on two consecutive dates.
4 provisions across 1 enactments
Umesh Kumar
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
